Why Must Law Graduates Pass the SQE and Complete QWE Before Becoming Solicitors?

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Disclaimer: This article is for educational and informational purposes only and does not constitute legal, regulatory, career, or professional advice. The rules governing reserved legal activities, legal services, professional titles and qualification as a solicitor are complex. Anyone intending to establish a legal-services business should obtain appropriate professional advice and check the latest requirements of the Solicitors Regulation Authority (SRA) and other applicable regulators.

If You Have Earned a Law Degree, Why Is Another Examination and Two Years of Work Experience Necessary?

Students can spend years studying contract law, tort, public law, criminal law, land law, human rights and other legal subjects while developing skills in research, statutory interpretation, case analysis and legal writing.

Yet graduating with an LLB does not make somebody a solicitor.

For most aspiring solicitors qualifying through the current route in England and Wales, graduation is only one part of the process.

Candidates generally need to:

Hold a degree or equivalent qualification or experience;
Pass SQE1;
Pass SQE2;
Complete two years of full-time or equivalent Qualifying Work Experience (QWE); and
Satisfy the SRA’s character and suitability requirements.

This raises an understandable question among aspiring legal professionals:

If somebody has already spent years earning a law degree, why must they take another examination before they can qualify as a solicitor?

And there is another question particularly relevant to entrepreneurial graduates:

Why should a law graduate necessarily wait for qualification before establishing an independent business providing legal research, legal content and other services they are legally permitted to provide?

The answer requires understanding the difference between having legal knowledge, providing legal services and holding the protected professional status of a solicitor.

Why Is a Law Degree Not Enough?

A university degree and professional authorisation serve different purposes.

An LLB is primarily an academic qualification.

Different universities may teach, examine and structure their programmes differently. Furthermore, under the SQE system, a person does not actually need a law degree specifically to become a solicitor; the degree requirement can be satisfied by a degree in another subject or an equivalent qualification or experience.

The SRA introduced the Solicitors Qualifying Examination in September 2021 as a centralised assessment.

Its rationale is essentially standardisation.

Rather than relying upon different education providers to determine whether candidates have reached the necessary professional standard, the SQE provides a common assessment which aspiring solicitors following the SQE route must pass.

SQE1 primarily assesses the application of functioning legal knowledge, while SQE2 assesses practical legal skills.

Therefore, the question is not necessarily:

“Didn’t I already pass my law degree?”

Instead, the regulatory question is:

“Can everyone entering the solicitors’ profession demonstrate the same minimum professional standard regardless of where or how they studied?”

That is the principle behind the SQE.

Nevertheless, students and graduates are perfectly entitled to debate whether the present system is proportionate, accessible and financially fair.

Why Is Two Years of QWE Required?

The second major requirement is Qualifying Work Experience.

The SRA requires candidates to complete two years’ full-time QWE or the equivalent on a part-time basis.

The underlying rationale is that academic knowledge and examinations cannot reproduce every aspect of working with real legal matters.

Legal practice can involve:

Communicating professionally;
Identifying what a client actually needs;
Applying law to real circumstances;
Recognising ethical problems;
Managing competing responsibilities;
Keeping appropriate records;
Working to deadlines;
Understanding confidentiality;
Conducting legal research;
Drafting documents; and
Exercising professional judgement.

The SRA therefore wants aspiring solicitors to experience legal services in the real world before admission.

That principle is understandable.

However, the modern QWE system is considerably more flexible than the traditional concept of spending two years working for one law firm.

You Do Not Necessarily Have to Work for One Law Firm for Two Years

This is an important distinction.

QWE can be accumulated across up to four organisations.

Depending upon the work undertaken and whether the SRA requirements are satisfied, experience could potentially include:

A law firm;
A law clinic;
A law centre;
A charity or voluntary organisation;
Paralegal employment;
An in-house legal department; or
A placement undertaken during a degree.

QWE can also be completed before, during or after taking the SQE assessments.

The experience must involve providing real legal services and provide opportunities to develop the required solicitor competencies. It must also be capable of being appropriately confirmed in accordance with SRA requirements.

Therefore, aspiring solicitors should not automatically assume that QWE means:

“I have to graduate and then work for somebody else’s law firm for two years.”

There may be other routes.

But What If You Intend to Become Self-Employed?

This creates an interesting discussion.

Not every aspiring solicitor dreams of becoming a partner in an established firm.

Some may ultimately want to establish their own legal business, consultancy, research company, specialist publication or professional services organisation.

An entrepreneurial graduate might understandably ask:

Why should I spend years building somebody else’s business when my long-term objective is to build my own?

Working within an established legal environment undoubtedly offers benefits.

A graduate can observe experienced practitioners, professional systems, client management, regulatory compliance, ethical decision-making and the realities of legal practice.

But it is equally reasonable for students to think strategically about building their own professional identity alongside gaining experience.

The two approaches do not have to be mutually exclusive.

Can a Law Graduate Start a Business Before Becoming a Solicitor?

Potentially, yes.

This is where the distinction between reserved and unreserved legal activities becomes extremely important.

The Legal Services Act 2007 identifies six categories of reserved legal activity:

Exercising a right of audience;
Conducting litigation;
Reserved instrument activities;
Probate activities;
Notarial activities; and
Administering oaths.

These activities are subject to statutory restrictions and cannot simply be undertaken by somebody because they hold an LLB.

However, not every activity connected with law is reserved.

This means that a graduate can potentially establish a business providing services that fall outside reserved activities, subject to any other applicable regulation.

The individual must also be extremely careful about how their qualifications and professional status are described.

A law graduate who has not been admitted as a solicitor must not present themselves as though they are a solicitor.

Transparency is essential.

What Could a Law Graduate Potentially Do Without Being a Solicitor?

There are numerous ways in which somebody with legal education can potentially use their skills professionally without pretending to hold a regulated professional status they do not possess.

Depending upon the precise circumstances and regulatory requirements, examples may include:

Legal Research

Graduates can provide research services to businesses, publishers, charities, organisations and potentially legal professionals.

Research could involve identifying:

Legislation;
Case law;
Regulatory guidance;
Government consultations;
Parliamentary materials;
Policy developments; and
Relevant legal commentary.

A graduate could therefore build a specialist legal research business without claiming to be a solicitor.

Legal Content Writing

There is a substantial market for people capable of explaining legal subjects accurately and accessibly.

Graduates might write:

Legal articles;
Website content;
Newsletters;
Legal updates;
Educational materials;
Policy articles;
Research reports;
Case summaries;
Legislative explainers; and
Professional publications.

This can be particularly valuable for organisations that need legally informed content but do not necessarily require a solicitor to write every article.

Policy Research

Law graduates may also work with charities, campaign organisations, think tanks and businesses examining legislation and public policy.

This might include researching proposed legislation, government consultations, regulatory developments, human-rights issues or the potential consequences of policy reform.

Legal Journalism and Publishing

A law graduate can write about legal developments.

They might operate a legal news website, publish educational resources, interview professionals, analyse legislation or explain court decisions to the public.

Again, the distinction between providing information and claiming professional status should remain clear.

Compliance Research and Content

Businesses increasingly need help understanding regulatory developments.

A legally educated researcher may be able to assist with regulatory research, compliance content, policy documentation and monitoring legislative changes, provided the work does not stray into activities requiring specific professional authorisation.

Research for Charities and Non-Profit Organisations

Charities frequently engage with legislation, public policy, equality, human rights, welfare systems and government consultations.

A graduate with strong research abilities could potentially support such organisations through research, writing and policy analysis.

Legal Technology and AI Research

Legal technology is another expanding field.

Law graduates may contribute to:

Legal databases;
AI research;
Legal information systems;
Knowledge management;
Legal publishing;
Document automation;
Accessibility projects; and
Legal-tech content.

A person does not necessarily have to practise as a solicitor to build a career within the legal sector.

The Difference Between “Law Graduate” and “Solicitor”

Professional descriptions matter.

Someone who has completed an LLB can legitimately describe themselves as a law graduate.

Someone studying law can describe themselves as a law student.

Someone carrying out research can potentially describe themselves as a legal researcher where that accurately describes their work.

But the title solicitor carries a specific professional and regulatory meaning.

Graduates building independent businesses should therefore ensure that websites, LinkedIn profiles, email signatures, marketing materials and client communications accurately describe their qualifications and regulatory position.

A clear disclaimer can also help consumers understand the nature and limitations of the service being provided.

Could Independent Legal Work Potentially Contribute Towards QWE?

This is where the issue becomes particularly interesting.

QWE does not depend simply upon the name of someone’s job.

The SRA focuses on whether the candidate has actually been providing legal services and has had opportunities to develop relevant solicitor competencies.

The experience must also be capable of being confirmed by an appropriate solicitor or Compliance Officer for Legal Practice.

Consequently, aspiring solicitors developing unconventional career paths should investigate whether genuine legal-services work they undertake could potentially satisfy QWE requirements rather than automatically assuming that only traditional law-firm employment counts.

Students should establish this before relying upon work as QWE, rather than discovering later that their experience cannot be confirmed.

Why Not Build Your Own Professional Identity at the Same Time?

There is another practical consideration.

If somebody ultimately wants to become self-employed, waiting until qualification before establishing a professional presence may mean starting from zero.

Law students can instead spend their university years developing:

A professional domain;
A legal website;
A research portfolio;
Original legal articles;
Professional contacts;
Subject expertise;
Search-engine visibility;
A LinkedIn presence;
Relationships with charities and organisations; and
A recognisable professional identity.

By graduation, the student may already have several years of published work.

They can then pursue SQE and QWE requirements while continuing to develop their independent professional presence.

Is Working for a Future Competitor Really Pointless?

It could be tempting for an aspiring entrepreneur to view an established law firm simply as a future competitor.

But that would overlook some of the benefits of professional experience.

A good QWE placement may expose a future business owner to systems and responsibilities that cannot easily be learned from textbooks.

Understanding client care, professional ethics, confidentiality, complaints, risk management, case management and professional accountability could ultimately make somebody a better future competitor.

The important question is therefore perhaps not:

“Why should I work for my future competitor?”

It may be:

“How can I use my QWE strategically to learn the skills I will eventually need to operate independently?”

That changes the relationship completely.

A future entrepreneur is not merely working for somebody else.

They are acquiring experience.

Should the System Evolve Further?

There is nevertheless room for legitimate debate.

The legal profession is changing.

Remote working, artificial intelligence, legal technology, freelance professionals, online consultancies and digital legal services have altered how professional services can be delivered.

The traditional career path of:

University → Training → Law Firm → Partnership

is no longer the only imaginable route.

Future lawyers may increasingly become researchers, consultants, legal technologists, publishers, entrepreneurs and founders.

The regulatory system therefore needs to protect consumers while ensuring that innovation is not unnecessarily restricted.

Professional standards are essential.

But so are accessibility, competition and new routes into the profession.

Final Thoughts

Graduating with a law degree does not automatically make somebody a solicitor, and there are sound public-interest reasons for requiring professional competence before somebody is permitted to practise using a regulated title and undertake reserved legal activities.

However, that does not mean graduates must put their professional ambitions on hold.

There is a considerable difference between being unable to call yourself a solicitor and being unable to do anything professionally connected with law.

Law graduates can potentially build careers and businesses around research, writing, policy, publishing, legal technology and other lawful, unreserved activities while continuing towards professional qualification.

Similarly, QWE should not automatically be interpreted as two years spent building somebody else’s law firm.

Used strategically, it can provide exposure to the practical skills, professional standards and real-life legal environments that a future independent practitioner or business owner will eventually need.

Perhaps the better approach for entrepreneurial law students is therefore to do both:

Build your own professional identity while gaining the experience necessary to qualify.

Study.
Research.
Publish.
Build your portfolio.
Develop your business.
Gain real-world legal experience.
Pass the SQE.
Complete qualifying work experience.

And when the time eventually comes to practise independently as a solicitor, you may already have something many newly qualified professionals still need to build: a professional identity of your own.